Illinois Attorney General: Special election could supercede Roland Burris appointment

[tritsofme]

I just saw our Attorney General Lisa Madigan on the local PBS station talking about an opinion she released yesterday.

Apparently her argument relies on a reading of the 17th amendment that casts all gubernatorial appointments as only temporary, and that there is a preference in the Constitution toward direct election of senators.

Here is the relevant section of amendment:
2. When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies: Provided That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

She argues that due to the wording of 17th Amendment, any appointment made by a governor is only temporary, and that the legislature retains the right to call for a special election to fill the seat.

Burris asserts that he is the legal Senator from Illinois, and that there is no vacancy to fill.

Interesting times in Illinois politics indeed.

[babylonsister]

1. There would still be the question of how to finance a special

election, right?

I'm all for it, or let Guv Quinn pick a replacement.

[tritsofme]

8. The argument about financing the election sounds like feet dragging to me.

Compared to how much this state spends on other crap, I can't imagine an election would finally break the bank.

[Kurt_and_Hunter]

2. ex post facto

[tritsofme]

4. This would not be an ex post facto law.

It would simply be the legislature invoking its authority to call for a special election to fill the seat.

So the reasoning goes.

[Pab Sungenis]

5. But the law when Burris was seated

didn't provide for a special election. If they change the law now, it can't apply retroactively, only provide for future appointments.

We'll need a strong candidate to run against Burris in the primary and take him down hard is all.

[tritsofme]

7. They are not seeking to change law. Just interpret it differently.

She reads the 17th to say that a governor's appointment is inherently temporary, and that state legislatures reserve the right to call for a special election at any time.

[crimsonblue]

3. I bet the courts would rule

that the will of the people (in a special election) trumps the selection by the Governor.

[Cha]

6. Illinois and Minnesota

certainly have more than their share of uncertainty in the Senatorial Dept this session of Congress.

[RB TexLa]

9. Her father must have someone that paid him a lot to get that seat

either that or she really is batshit crazy.